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HomeMy WebLinkAbout2023-05-23; City Council; Resolution 2023-139RESOLUTION NO. 2023-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO UPDATE THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (ZONING ORDINANCE, TITLE 21 OF THE CARLSBAD MUNICIPAL CODE), TO IMPLEMENT A PORTION OF OBJECTIVE G OF HOUSING ELEMENT PROGRAM 1.3 -ALTERNATIVE HOUSING AND OBJECTIVE H OF HOUSING ELEMENT PROGRAM 2.13 -HOUSING FOR PERSONS EXPERIENCING HOMELESSNESS CASE NAME: CASE NO.: ALTERNATIVE AND TEMPORARY HOUSING AMENDMENTS ZCA 2023-0002/LCPA 2023-0018 (DEV 2023-0040) WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on April 5, 2023, hold a duly noticed public hearing as prescribed by law to consider Planning Commission Resolution 7476, recommending approval of Loca l Coastal Program Amendment LCPA 2023-0018; and the Planning Commission adopted Planning Commission Resolution 7476 recommending to the City Council that LCPA 2023-0018 be approved; and WHEREAS, the City Council, on May 9, 2022, held a duly noticed public hearing to consider LCPA 2023-0018 as recommended by the Planning Commission; and WHEREAS, pursuant to California Coastal Commission regulations, a six-week public review period for LCPA 2023-0018 began on March 24, 2023, and ended on May 5, 2023; comments received, if any, were presented to the City Council at said public hearing; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to LCPA 2023- 0018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for approval of LCPA 2023-0018 to amend the Carlsbad Local Coastal Program Implementation Plan is approved, and the findings of the Planning Commission contained in Planning Commission Resolution 7476, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review," shall apply: "NOTICE" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chanter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within 10 days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or the party's attorney of record, if the party has one. A written request for the preparation of the record of proceedings shall be filed with the Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of May, 2023, by the following vote, to wit: AYES : NAYS: ABSTAIN : ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor Wv SHERRY FREISINGER, City Clerk (SEAL)